THIRUVANANTHAPURAM: Though the party has taken a stand that minister Saji Cherian should not resign, the crisis is not over as the high court has upheld the constitutional insult in his speech. Saji Cherian resigned for the first time after it was confirmed that the magistrate court would order a case to be registered on a private petition. The situation is worse than it was then as the high court said that the offence would stand and that there were serious lapses in the investigation.

The high court found sabotage of the police in the investigation after Saji Cherian stepped down as minister. The high court quashed the hasty clean chit given to the minister even before the forensic and voice test reports of the speech were received and ordered an impartial officer to investigate. The crime branch has limitations in conducting an investigation against Saji Cherian, who is in the minister's post. Since the high court has quashed the discharge report, a scientific investigation is needed.

The argument that the Constitution was not insulted but criticized will not stand. The high court said that it cannot be assumed that there is no lack of respect in phrases such as ''Kundham' and "Kudachakram". Under the central law, healthy criticism paving the way for a constitutional amendment is not an offence. However, legal experts say that saying "written by the British" and "intended to loot the people" was an insult to the Constitution and a violation of the oath of office. The political interpretation is that the court did not say that the minister should be removed. However, advocate Baiju Noel's writ petition rejected the discharge report and sought further investigation.

The strategy of the crime branch will be to prolong the investigation as much as possible Saji Cherian can complete his remaining his one-and-a-half years of ministership.

The governor allowed Saji Cherian to be made a minister for the second time after the police produced the report acquitting him. The chief minister also gave a letter saying that there is no legal problem in Saji Cheriyan becoming a minister again. The governor responded the other day that the government and the minister should decide on the decision of Saji Cherian's resignation in the wake of the high court order.

"The situation is more extreme than the previous resignation. It is clear as day in the high court verdict that there was an insult to the Constitution."

- MR Abhilash.

Supreme Court Advocate